Bourgeois v. Bourgeois

818 So. 2d 1005, 2002 WL 963445
CourtLouisiana Court of Appeal
DecidedMay 10, 2002
Docket2000 CA 2149
StatusPublished
Cited by1 cases

This text of 818 So. 2d 1005 (Bourgeois v. Bourgeois) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bourgeois v. Bourgeois, 818 So. 2d 1005, 2002 WL 963445 (La. Ct. App. 2002).

Opinion

818 So.2d 1005 (2002)

Renee T. BOURGEOIS
v.
Andre Gerard BOURGEOIS.

No. 2000 CA 2149.

Court of Appeal of Louisiana, First Circuit.

May 10, 2002.

*1006 Madro Bandaries, Howard P. Elliott, Jr., New Orleans, for Plaintiff/Appellee Renee T. Bourgeois.

*1007 David H. Hardy, Navratil, Hardy & Bourgeois, Baton Rouge, for Defendant/Appellant Andre G. Bourgeois.

Before: CARTER, C.J., PARRO, KUHN, LANIER,[1] and CLAIBORNE,[2] JJ.

PARRO, J.

Andre G. Bourgeois (Andre) appeals from a trial court judgment awarding his former wife, Renee T. Bourgeois (Renee), the sum of $4,886.44 for financial contributions she made to his education during their marriage. For the following reasons, the judgment is reversed.

Facts and Procedural History

Andre and Renee were married in June 1985. Two months later, in August, Andre began law school. Following graduation in December 1988, Andre began practicing law. Although both were employed on a full time basis when they wedded, Andre discontinued working when school began because school rules prohibited him from holding employment during the first year. To assist with living expenses, Andre obtained a student loan in the amount of $5,000. In the summer of 1986, Andre resumed working. In September 1991, less than three years following his law school graduation, the parties separated.

Subsequent to their divorce on April 15, 1992, Renee filed a claim on November 10, 1994, pursuant to LSA-C.C. art. 121 for the financial contributions she had made to Andre's legal education. After a hearing on this claim, the trial court issued written reasons for judgment dated December 15, 1998. Judgment in favor of Renee for $4,886.44 in this matter was signed on May 21, 1999. In this judgment, Renee was awarded legal interest from December 15, 1998, until paid. Following the denial of his motion for a new trial, Andre appealed, contending the trial court erred in (1) including contributions made by Renee prior to August 30, 1986, the effective date of the predecessor article to LSA-C.C. art. 121, (2) failing to eliminate or decrease Renee's award based on a finding that she substantially benefited from Andre's enhanced earning power during the term of their marriage, and (3) awarding legal interest from the date written reasons were issued rather than the date the judgment was signed.

Standard of Review

The appellate court's review of fact is governed by the manifest error— clearly wrong standard. The two-part test for the appellate review of a factual finding is: 1) whether there is a reasonable factual basis in the record for the finding of the trial court, and 2) whether the record further establishes that the finding is not manifestly erroneous. Mart v. Hill, 505 So.2d 1120, 1127 (La.1987). Thus, if there is no reasonable factual basis in the record for the trial court's finding, no additional inquiry is necessary for a finding of manifest error. However, if a reasonable factual basis exists, an appellate court may set aside a trial court's factual finding only if, after reviewing the record in its entirety, it determines the trial court's finding was clearly wrong. See Stobart v. State, through Department of Transportation and Development, 617 So.2d 880, 882 (La. 1993).

*1008 Appellate review of questions of law is simply review of whether the trial court was legally correct or legally incorrect. Medline Industries, Inc. v. All-Med Supply & Equipment, 94-1504 (La.App. 1st Cir.4/7/95), 653 So.2d 830, 832; O'Niell v. Louisiana Power & Light Company, 558 So.2d 1235, 1238 (La.App. 1st Cir. 1990).

Claim for Pre-Enactment Contributions

Louisiana Civil Code article 121 provides:

In a proceeding for divorce or thereafter, the court may award a party a sum for his financial contributions made during the marriage to education or training of his spouse that increased the spouse's earning power, to the extent that the claimant did not benefit during the marriage from the increased earning power.
The sum awarded may be in addition to a sum for support and to property received in the partition of community property.

This article recognizes the existence of a cause of action for financial contributions by one spouse to the education or training of the other spouse, and the provisions of this article are based on former LSA-C.C. art. 161 as enacted by 1986 La. Acts, No. 780. LSA-C.C. art. 121, 1990 revision comment (a). Section 2 of Act 780 provided:

The provisions of this Act are prospective in nature, and shall have no effect on any action of nullity of marriage, separation, or divorce initiated prior to the effective date of this Act, or any action ancillary to such a proceeding.

Andre argues that Renee should not be entitled to reimbursement for contributions made to his education prior to the effective date of LSA-C.C. art. 161. The enabling legislation clearly directs that the date Renee filed the petition for divorce, not the dates Andre attended law school, is determinative of the codal article's applicability. See Krielow v. Krielow, 622 So.2d 732, 740 (La.App. 3rd Cir.1993), rev'd on other grounds, 93-2539 (La.4/11/94), 635 So.2d 180.[3] Since the action for divorce was initiated after the effective date of Act 780, we conclude that the trial court properly included the financial contributions that Renee made to Andre's education during his first year of law school.

Determination of Award

The trial court is afforded discretion in determining whether a contributing spouse is entitled to an award for his financial contributions to his spouse's education or training that increased the spouse's earning power. Factors that should be considered in determining if an award is warranted include: (1) the claimant's expectation of shared benefits when the contributions were made; (2) the degree of detriment suffered by the claimant in making the contributions; and (3) the magnitude of the benefit received by the other spouse. Barrow v. Barrow, 27,714 (La.App. 2nd Cir.2/28/96), 669 So.2d 622, 629, writs denied, 96-1057, 96-1072 (La.6/21/96), 675 So.2d 1080.

Financial contributions include direct educational or training expenses, as well as living expenses, paid by the claimant for the other spouse. LSA-C.C. art. 121, 1990 revision comment (d). The following formula *1009 has been used in arriving at an equitable sum for financial contributions:

working spouse's financial contributions to joint living expenses and educational costs of student spouse
less
½(working spouse's financial contributions plus student spouse's financial contributions less cost of education)
equals
equitable sum to working spouse for financial contributions.

See McConathy v. McConathy, 25,542 (La. App. 2nd Cir.2/23/94), 632 So.2d 1200, 1205, writ denied, 94-0750 (La.5/6/94), 637 So.2d 1052. Using this formula, the trial court determined the equitable sum for financial contributions to which Renee may be entitled was $4,886.44. Based on the financial information presented at trial, the parties do not dispute the trial court's factual calculation, nor do we find manifest error in the calculation. Nonetheless, we must determine if Renee is entitled to an award of such an amount under LSA-C.C. art. 121.

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Bluebook (online)
818 So. 2d 1005, 2002 WL 963445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bourgeois-v-bourgeois-lactapp-2002.